Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It is very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. Inside the light with the position explained earlier mentioned, it is concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Case regulation is specific on the jurisdiction in which it absolutely was rendered. By way of example, a ruling in a very California appellate court would not commonly be used in deciding a case in Oklahoma.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
record with the department there isn't any record readily available whatsoever regarding promotion of the petitioner(Promotion)
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. When the conclusion or finding is for instance no reasonable person would have ever attained, the Court might interfere with the conclusion or even the finding and mould the relief to really make it suitable into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. To the aforesaid proposition, we're fortified with the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, a particularly low threshold for an offence that carries capital punishment.
The Court considered the case to become maintainable under Article 184 (3) since the Risk and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
department concerned shall present the complete list of ACRs of the concerned officer to DPC effectively in advance cases for read more promotin(Promotion)
When the petitioner is actually present for the place of prevalence without causing any injury into the deceased or PWs then in these circumstances, whether he is vicariously liable shall be decided through the realized trial Court after recording on the evidence.
Criminal cases In the common law tradition, courts decide the law applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common regulation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions dependable with the previous decisions of higher courts.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its possible to protected financial interests and maintain the integrity with the national currency. As legal practitioners and citizens, a comprehensive grasp of those changes is significant for upholding the principles of justice and contributing to a sturdy legal system.
Здесь представлены рекомендации и описания способов лечения данным заболеванием.
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.